The Villadom Times Weekly Newspaper Online-Oct 27, 2010 Issue

Page 10 THE VILLADOM TIMES I • October 27, 2010 Franklin Lakes Curfew ordinance prohibits minors on street by Frank J. McMahon The Franklin Lakes Borough Council has adopted a curfew ordinance that prohibits any individual under the age of 18 years from being on any public street after 10 p.m. on Oct. 30, which is known as “Goosey,” “Cabbage” or “Mischief” night. The curfew will also be in effect on Oct. 31, which is Halloween. The new ordinance applies to everyone under 18 unless they are accompanied by the juvenile’s parent or guardian, or unless they are engaged in, or traveling to or from, a business or occupation the laws of the state authorize a juvenile to perform. The measure further prohibits a parent or guardian from allowing an unaccompanied juvenile to be on any public street or in any public place between the hours of 10 p.m. and 6 a.m. on Oct. 30 and 31 of each year. The ordinance was adopted by a 5-1 vote at a last week’s council meeting. Councilman Frank Bivona cast the sole vote against adoption. There was no public comment on the ordinance at the meeting. “I’m in favor of curtailing the mischief and all, but I’m concerned about the practical nature of the ordinance,” Bivona explained, adding that he is concerned about what the police can do with kids who are rounded up at 10:01 p.m., and their parents who are also liable under the ordinance. “Practically speaking, it is going to be difficult,” Bivona said. “I want the kids off the street, but I don’t want to round up 20 kids and cause a problem that way. I don’t object to a police presence to make sure that kids don’t do anything bad, but now you are going to have a situation where a kid may be walking home and he is innocent (of engaging in mischief), but now he is going to be subject to arrest for violating the ordinance. “He could be innocent, but now he’s no longer innocent because he is out after 10 o’clock, and that’s what I’m worried about.” Asked why the council did not join him in voting against the adoption of the ordinance based on his concerns, he explained that he respects the judgment and opinion of the council and said it is okay to disagree. “Even though they understood what I was saying, they still favor something that is going to curtail this activity,” he said, “and the ordinance will be effective because parents will hear of it and keep their kids off the streets. It’s generally a good thing and I do approve of the spirit of it.” Juvenile Police Officer Jeff Jost and Acting Police Chief Joseph Seltenrich support the ordinance. They told the council at a recent work session that there has been increasing damage on Oct. 30 over the last few years, and sometimes the mischief leads to damage to homes and vehicles. Board approves re-grading of Millbrook Estates a considerable amount of soil would have to be imported to the lot to be developed, and that would create a lot of truck The Franklin Lakes Planning Board has approved a plan traffic on the borough’s roadways. to totally re-grade a 10-acre piece of property on Birch Matthew Cavaliere, the attorney for the purchaser of the Road. In December 2007, the planning board approved an largest lot in the subdivision, also explained that, without eight-lot subdivision for that land. the re-grading, his client might need a substantial height One of the lots has been sold, and the re-grading of the variance because of the borough’s requirement of measurentire property would allow that lot to be developed while ing the height of a house from the lowest original grade. the rest of the property is stabilized with trees and other His client’s property is steeply sloped, and the lot conlandscaping. tains 81,575 square feet, which is more than double the Joseph Cammarata, a principal of Millbrook Develop- required lot area of 40,000 square feet. A 5,738 square foot ment, the developer of Millbrook Estates, requested the footprint home with an attached garage, walkout basement, re-grading in order to be able to construct a home on the rear multilevel terrace, side yard patio and access walkways largest lot, which was recently sold. The re-grading will and steps is being planned for the lot. Plans also call for a permit him to establish a new base grade on that lot that single access driveway from the Mill Brook Lane cul-dewill be used to measure the height of the new house, which, sac with a circular access within the front yard continuing by borough ordinance, cannot be more than 40 feet high. to the garage access area. Cammarata explained to the board that the re-grading The lot will have a new 1,300 square foot septic disposal would benefit the present and future buyers of the lots. system with two 1,000 gallon septic tanks and one 1,500 “Buyers don’t want to live next to a sand pile for the next gallon dosing tank, 10 970 gallon seepage pits with connec�� tion piping from the home and driveway, retaining walls at �� few years,” he emphasized. Tibor Latincsics, Millbrook’s professional engineer, also a maximum height of four feet, and a freeform shaped pool explained that, without the total re-grading of the property, (continued on page 17) �� Fall specials available now for a limited time only. Call Robin at 973-636-7000 ��